Chloe Meltzer | July 29, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Are you being sued by Northstar Capital Acquisition? Not sure what to do next? Find out how to respond to a debt collection lawsuit and win in court.
Northstar Capital Acquisition is a debt collector that commonly purchases debts from creditors. When this occurs, you may find yourself being sued for that debt. This is extremely common, with around 50% of judgments being from debt-collection lawsuits. When you are sued for a debt, you often find out about it by receiving a summons and complaint. The complaint will explain why you are being sued, and what they are looking to obtain from you. This is often what you owe, but also court costs, lawyer fees, and possibly interest.
You will then be notified of the complaint through the summons. This will be served through the mail or to you directly. This will contain information about how and when you can file your formal response, as well as when you need to show up in court. Most debt collectors believe that you will not show up in court, and bet on this.
You must show up in court. If you do not show up then the debt collector will be given an automatic judgment. This will lead to wage garnishment, liens on your property, frozen bank accounts, and even money being taken directly from your account. This is why you need to respond via an Answer.
Don't ignore debt collectors. Respond fast with SoloSuit.
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Settle with SoloSettleNorthstar Captial Acquisition is willing to work with you to negotiate a settlement. Here are three steps you can take to settle your debt:
These tips, shared by a real attorney, are essential for navigating debt settlements successfully. To learn more, watch the following video:
If you are being sued for a debt, it is most likely not by your original creditor. Typically debt has been sold multiple times. You may not even recognize the debt because it is so old. This is called zombie debt. Often it is past the statute of limitations that governs how long you may be sued for debt. The length of the statute of limitations varies based on the state you are being sued in. Despite this, on average, it is four to six years. Once that passes, the debt is considered “time-barred.” This means you can no longer be sued. This is a violation of your rights. Despite this, you will still owe the debt, and if you do not pay it, it will continue to lower your credit score.
Review your records and ask the debt collector for a validation and verification letter. This should be sent automatically, but if it is not, they will be required to send it. From these documents, you should be able to understand who the creditor is, if the amount is correct and if you owe the debt. Often there are errors when it comes to debt and amounts may be incorrect.
You will need to respond to a debt lawsuit within 20 to 30 days. The exact date will be mentioned on your summons. If you do not respond then you will suffer from more serious consequences. This includes having your wages, savings, and assets at risk. You will also no longer be able to dispute the debt at all.
Some people choose to work with a lawyer because this process can be complicated. In many cases, a lawyer may provide a free consultation, and take their legal fees if you win. If you win, the debt collector will be required to pay those fees, so it would be a win for everyone. This is not guaranteed though, so it is something you need to consider carefully.
You might want to hire a lawyer to look into defenses you weren't aware of or to help you write out your formal Answer. You may also want a lawyer if you end up going to court. This can help you because the debt collector may not be able to verify the debt and it might get dismissed.
Make the right defense with SoloSuit and win in court.
Your hearing will determine whether or not you need to pay, and it will be your chance to work on a defense. Before the hearing, you can also attempt to work out a deal with the debt collector. At this point, you can set up a payment plan and work to make regular payments on the bill, or settle the debt.
Settlements are typically for less than you originally owed and are very common with debt collectors. This is because these debts are often purchased for pennies on the dollar. This provides you with room to negotiate. If you do get a settlement, be sure to get a written agreement that says the creditor considers it settled and that they will report it to the credit bureaus.
If you do not think you should pay the debt then you can use various affirmative defenses. These might include:
Use SoloSuit to make the right affirmative defense and win your case.
Other affirmative defenses include the statute of limitations, which is one of the strongest you can bring forward. Essentially, the defense of using the statute of limitations means a suit was brought on after the statutory limit has passed. This is known as the most powerful affirmative defense you can have.
Another strong defense is “lack of standing”. This occurs when the debt collector does not have a legal right to file a suit. It can mean that there is no clear ownership of the debt or no obvious change of hands during the assignment. Often this occurs when there is a lack of a paper trail in the sale or assignment of a debt from the creditor to the debt collector.
Finally, if the debt collector has failed to cite the statute and give you enough time to fight the lawsuit, then you can state “failure to state a claim upon which relief may be granted”. This essentially means there is not enough to build a case on.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather.
Get started.Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
Let's Do It.